Everlast World's Boxing Headquarters Corp. v. Trident Brands Inc. et al
| Everlast World's Boxing Headquarters Corp. |
| Trident Brands Inc., Sports Nutrition Products Inc. and Manchester Capital Inc. |
| 1:2019cv00503 |
| January 17, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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Filing 18
ORDER: In light of the parties' letters, the Court will delay a decision on consolidation until it considers the forthcoming motion to remand. See 19-CV-0510, Docket Nos. 7, 11; 19-CV-0503, Docket No. 17. Any motion to remand 19-CV-0510 shall be filed on or before February 15, 2019. Any opposition shall be filed no later than February 22, 2019; any reply shall be filed no later than February 27, 2019. After that date, or earlier if no such motion is filed, the Court may consolidate the two actions without further notice to the parties. SO ORDERED. (Motions due by 2/15/2019, Responses due by 2/22/2019, Replies due by 2/27/2019.) (Signed by Judge Jesse M. Furman on 2/7/2019) (ne)
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| Filing 17 LETTER addressed to Judge Jesse M. Furman from Jed R. Schlacter dated 2/5/2019 re: Consolidation. Document filed by Everlast World's Boxing Headquarters Corp..(Schlacter, Jed) |
| Filing 16 NOTICE OF APPEARANCE by Bret I. Herman on behalf of Everlast World's Boxing Headquarters Corp.. (Herman, Bret) |
| Filing 15 NOTICE OF APPEARANCE by Jed Richard Schlacter on behalf of Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) |
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Filing 14
MEMO ENDORSEMENT on re: (7 in 1:19-cv-00510-JMF) LETTER addressed to Judge Jesse M. Furman from Michael D. Hynes dated 1/31/2019 re: Objection to Case Consolidation. Document filed by Trident Brands, Inc. ENDORSEMENT: Everlast World's Boxing Headquarters Corp. and International Brand Management Limited are granted leave to file a response to this letter no later than February 5, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/1/2019) (rjm)
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| Filing 13 NOTICE OF APPEARANCE by Michael D. Hynes on behalf of Trident Brands Inc.. (Hynes, Michael) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Manchester Capital Inc. waiver sent on 1/24/2019, answer due 3/25/2019. Document filed by Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Sports Nutrition Products Inc. waiver sent on 1/24/2019, answer due 3/25/2019. Document filed by Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Trident Brands Inc. waiver sent on 1/24/2019, answer due 3/25/2019. Document filed by Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) |
| Filing 9 CERTIFICATE OF SERVICE of Notice and Order of Initial Pretrial Conference, Judge Furman's Individual Rules & Practices, and Order dated Jan. 24, 2019 served on Trident Brands Inc., Sports Nutrition Products Inc., and Manchester Capital Inc. on Jan. 18 and 25, 2019. Service was accepted by Rob Hoffman - attorney for defendants. Service was made by Mail and email. Document filed by Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) |
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Filing 8
ORDER. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by February 1, 2019. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. Unless and until the Court orders otherwise, the parties in both cases shall appear for the initial pretrial conference previously scheduled for April 9, 2019, at 3:15 p.m. and, in accordance with the Notice of Initial Pretrial Conference entered in 19-CV-503 (Docket No. 6), shall submit a single joint letter and proposed Case Management Plan in advance of the conference. To be clear, counsel for all parties - including International Brand Management Limited, which was not a party to the original action - shall appear at the conference. Everlast shall promptly serve a copy of this Order on Sports Nutrition Products Inc., and Manchester Capital Inc., and file proof of such service on the docket in 19-CV-0503. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/24/19) (yv)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Manchester Capital Inc., Sports Nutrition Products Inc., Trident Brands Inc.. (dnh) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/9/2019 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 1/18/2019) (ne)
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Trident Brands Inc., Sports Nutrition Products Inc. and Manchester Capital Inc., re: #1 Complaint,. Document filed by Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jed Richard Schlacter to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the names of all the parties for whom the summons is being requested must be entered on the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Everlast World's Boxing Headquarters Corp., re: #1 Complaint,. Document filed by Everlast World's Boxing Headquarters Corp.. (Schlacter, Jed) Modified on 1/18/2019 (pne). |
| Filing 3 CIVIL COVER SHEET filed. (Schlacter, Jed) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sports Direct International PLC, Corporate Parent Brands Holdings Limited for Everlast World's Boxing Headquarters Corp.. Document filed by Everlast World's Boxing Headquarters Corp..(Schlacter, Jed) |
| Filing 1 COMPLAINT against Manchester Capital Inc., Sports Nutrition Products Inc., Trident Brands Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16206579)Document filed by Everlast World's Boxing Headquarters Corp.. (Attachments: #1 Exhibit 1-License, #2 Exhibit 2-Assignment, #3 Exhibit 3-1st Amendment)(Schlacter, Jed) |
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